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Houston DWI Lawyer Prepared To Fight

Driving while intoxicated (DWI) is among the most common charges that people in Houston face. Those charges, however, must have a legal basis to stick. And while police and prosecutors will do nearly anything to secure a win, you have a team on your side. You have us.

We are Adamo & Adamo Law Firm. We are DWI attorneys with experience and passion for defending people from criminal charges. It is our duty to stand up for your rights, and we are proud of the work we’ve done.

We want to help you answer questions and understand what’s ahead. Below is a comprehensive guide on DWI, which can help answer your questions and bring clarity. But that’s only the first step. The next step is retaining our services.

Are The Field Sobriety Tests Valid?

Officers are trained to administer field sobriety tests in accordance with procedures and standards set out by the National Highway Traffic Safety Administration (NHTSA). The problem is that officers often fail to follow the proper procedures.

The NHTSA manual itself states, “If any one of the standardized field sobriety elements is changed, the validity is compromised.” If proper procedures were not followed, evidence related to the tests should be suppressed.

At Adamo & Adamo Law Firm, a Houston DWI attorney has completed the NHTSA Standardized Field Sobriety Testing Practitioner course. This course outlines the same principles officers use to detect impaired drivers. Our attorneys have the skills, resources and ability to show these tests for what they are – nothing more than coordination exercises.

Need a DWI lawyer in Houston trained in field sobriety exercises? A DWI attorney who attended similar classes as your arresting officer? We have one for you!

– See 99 problems with DWI exercises

The Breath Test – Intoxilyzer 5000 And 9000

With a dismissal rate eight times the national average, our DWI attorneys understand spectroscopy, the “science” behind the Intoxilyzer 5000 and 9000.

There are many factors that can cause the reported blood alcohol content (BAC) to be inaccurate. There are also specific procedures the breath test operator has to follow, or your DWI Houston attorney will fight to suppress the breath test.

Was the mandatory 15-minute observation period followed?
Did you have anything in your mouth prior to blowing?
Was there enough time in between tests?
Do you have a medical condition that contributed to the result?
Was interference present that impacted the result?

These are some of the many questions our DWI lawyers are trained and experienced to use in fighting Texas DWI charges.

Blood Test And Gas Chromatography (GC-FID)

Our DWI lawyers understand chromatography, the “science” behind blood tests. We examine your case from the time of the stab to the time at the lab to determine what factors caused the false high result.

Was the blood drawer qualified?
Did the blood drawer use proper protocol in drawing your blood?
Were the blood vials and accessories expired?
Did the officer deliver the blood to the lab in a timely manner?
What type of machine analyzed the blood?
Was the blood properly analyzed?
Was the machine working properly?
Was it even your blood?

Our lawyers will work relentlessly to deliver these answers. Violating established blood-related statutes, protocols and procedures should make any blood result inadmissible in court. Getting the blood tossed makes it much more difficult for the state to prove its DWI case. The blood result is supposed to be science but often has a closer resemblance to junk science.

Contact a Houston DWI attorney at Adamo & Adamo Law Firm and learn how!

Intoxication Assault And Vehicular Assault

Intoxication assault is a third-degree felony (two to 10 years) addressed in Texas Penal Code § 49.07.

A person commits intoxicated assault if, by accident or mistake, they cause serious bodily injury to another:

While operating an aircraft, watercraft, amusement ride or motor vehicle in a public place while intoxicated (DWI)
As a result of assembling a mobile amusement ride while intoxicated

The intoxication must be the cause of the serious bodily injury. For purposes of intoxication assault, serious bodily injury is defined as bodily injury that creates a substantial risk of death or causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Intoxication Manslaughter And Vehicular Manslaughter

Texas, like a number of other states, also has a strict liability crime known as intoxication manslaughter. Texas Penal Code § 49.08 makes it a second-degree felony (punishable by two to 20 years in prison) if a person:

Operates a motor vehicle in a public place, operates an aircraft, watercraft, or amusement ride, or assembles a mobile amusement ride
Is intoxicated (DWI) and, due to that intoxication, causes the death of another by accident or mistake

In order to prove intoxication manslaughter, the intoxication must be shown to be the legal cause of the death.

Second DWI Offenses In Texas

A second DWI offense in Texas is a serious matter that carries significantly harsher penalties than a first offense. If you’re facing a second DWI charge, it’s crucial to understand the potential consequences and how an experienced attorney can help protect your rights.

In Texas, penalties for DWI offenses increase with each subsequent conviction. While a first DWI is typically treated as a Class B misdemeanor, a second DWI is classified as a Class A misdemeanor, carrying more severe punishments.

Penalties for a second DWI conviction may include:

Fines of up to $4,000
Jail time of 30 days to one year in county jail
License suspension for 180 days to two years
Ignition interlock device
DWI intervention program
Probation as a possible alternative to jail time, typically lasting 18 to 24 months

Moreover, you may face additional consequences that typically come with a criminal conviction. These include increased insurance premiums, potential job loss or difficulty finding employment, travel restrictions, and a permanent criminal record.

It’s also important to understand that prior DWI convictions can be considered for enhanced penalties regardless of how long ago they occurred. This is known as the “look-back period,” which is essentially unlimited in Texas.

Furthermore, if you’re unfortunate enough to face a third DWI offense, it’s automatically charged as a felony, which carries even more severe consequences.

On a practical note, if your regular license is suspended due to a DWI conviction, your attorney can assist you in applying for an occupational driver’s license. This type of restricted license can allow you to drive to essential places like work or school, helping you maintain some normalcy in your daily life while dealing with the aftermath of a DWI charge.

How An Experienced DWI Attorney Can Help With A Second Offense

Facing a second DWI charge can be overwhelming, but you don’t have to navigate the legal system alone. An experienced DWI attorney can:

Analyze your case for potential defenses or procedural errors
Challenge the validity of field sobriety tests, breath tests or blood tests
Negotiate for reduced charges or alternative sentencing options
Represent you in administrative hearings to protect your driving privileges
Guide you through alcohol education and treatment programs
Advocate for the best possible outcome in court

If you have been arrested for a second DWI, it’s best to contact a defense attorney right away. With the right legal representation, you can fight these charges and work toward a more positive outcome.

Our Houston DWI Attorneys’ Mission

With a 40% dismissal or not guilty rate, our Houston DWI attorneys are well-equipped to provide you with the defense you deserve. DWI accusations can have a costly effect on your livelihood, and our innovative approach will ensure your future is protected. Don’t just take it from us; see what former DWI clients have to say. We look forward to working as your DWI criminal defense lawyer.

Overview of DWI penalties:

Conviction	Punishment	Potential Jail Or Prison Time	Maximum Fine	License Suspension
DUI (under 21)	Class C misdemeanor	None	$500	One year
DWI	Class B misdemeanor	180 days	$2,000	90 days to one year
Second DWI	Class A misdemeanor	One year	$4,000	180 days to two years
Third DWI	Third-degree felony	Two to 10 years	$10,000	180 days to two years
Intoxication assault	Third-degree felony	Two to 10 years	$10,000	180 days to two years
Intoxication manslaughter	Second-degree felony	Two to 20 years	$20,000	180 days to two years
DWI with child passenger	State jail felony	180 days to two years	$10,000	180 days to two years
Open container	Class B misdemeanor	Six to 180 days	$2,000	90 days to one year
DWI with a BAC of .15% or higher	Class A misdemeanor	One year	$4,000	90 days to one year

Is A DUI A Criminal Offense In Texas?

Yes, a DUI is a criminal offense in Texas. While the acronyms DUI and DWI are often used interchangeably, under Texas law, they are two separate and distinct criminal offenses.

Driving under the influence, or DUI, applies to minors. For purposes of alcohol, a minor is anyone under 21 years of age. DUI is a criminal offense in Texas if a minor operates a motor vehicle in a public place with any detectable amount of alcohol. A first-offense DUI is punishable by up to a $500 fine, a 12-hour alcohol education program, a driver’s license suspension not to exceed one year, plus additional court costs and fees.

Driving while intoxicated, or DWI, is a criminal offense in Texas if a person operates a motor vehicle in a public place while intoxicated. Intoxication is defined as not having the normal use of your mental or physical faculties by the introduction of alcohol or drugs, or having a BAC of .08% or higher at the time of driving.

A first-offense DWI conviction is a Class B misdemeanor, punishable by up to 180 days in the county jail and/or up to a $2,000 fine. A second-offense DWI conviction is a Class A misdemeanor, punishable by up to one year in jail and/or up to a $4,000 fine. If you have a BAC of .15% or higher at the time of the test, the DWI will be enhanced to a Class A misdemeanor.

You can be charged with a felony DWI in Texas if you have two prior DWI convictions, drove while intoxicated with a child passenger younger than 15 years of age or committed the criminal offense of intoxication assault, intoxication manslaughter or felony murder.

What Is The Maximum Punishable Jail Time For A First-Offense DUI?

The maximum punishable jail time for a first-offense DUI is up to a $500 fine in Texas. Remember, a Texas DUI refers to any minor, younger than 21 years of age, who operates a motor vehicle in a public place while having any detectable amount of alcohol.

The maximum punishable jail time for a first-offense DWI is up to 180 days in jail and/or up to a $2,000 fine. A first-offense DWI is a Class B misdemeanor in Texas. Certain factors may increase the punishment range.

What Is A DUI In Texas?

The main difference between a DUI and a DWI boils down to the age of the driver. Under Texas law, a person 21 years or older who operates a motor vehicle in a public place while intoxicated can be charged with the criminal offense of DWI. If the person is under the age of 21 and operates a motor vehicle in a public place with any detectable amount of alcohol, they can be charged with the criminal offense of DUI.

What Kind Of Misdemeanor Is A DUI?

A DUI is a Class C misdemeanor in Texas. A DUI applies to minors under the age of 21. A DWI is a Class B misdemeanor in Texas if it is a first offense. A DWI is a Class A misdemeanor if it is a second offense. A DWI is a third-degree felony if it is a third offense or more.

It’s Time To Get A Defense

We’ve provided you with all the answers we have on your charge that we can without speaking to you first. Call us for a free consultation about your charge, and we’ll be able to learn more about your specific situation and help you build a tailor-made defense. Call our number at 713-338-2743 or you can send an email using this form.